State’s withdrawal was 22 November 2020.13 This Application having been
filed before the Respondent State deposited its notice of withdrawal is thus
not affected by it. The Court, therefore, finds that it has personal jurisdiction
to examine the present Application.
30. In respect of its temporal jurisdiction, the Court notes that the violations
alleged by the Applicant arose after the Respondent State became a Party
to the Charter and the Protocol. Furthermore, the Court observes that the
Applicant remains convicted on the basis of what he considers an unfair
process. Therefore, it holds that the alleged violations can be considered to
be continuing in nature.14 For these reasons, the Court finds that it has
temporal jurisdiction to examine this Application.
31. As for its territorial jurisdiction, the Court notes that the violations alleged by
the Applicant happened within the territory of the Respondent State. In
these circumstances, the Court holds that it has territorial jurisdiction.
32. In light of all of the above, the Court holds that it has jurisdiction to determine
the present Application.
VI.
ADMISSIBILITY
33. Pursuant to Article 6(2) of the Protocol, “[t]he Court shall rule on the
admissibility of cases taking into account the provisions of Article 56 of the
Charter”.
13
Ingabire Victoire Umuhoza v. United Republic of Rwanda (jurisdiction) (3 June 2016) 1 AfCLR 562, §
67.
14 Beneficiaries of late Norbert Zongo, Abdoulaye Nikiema alias Ablasse, Ernest Zongo, Blaise Ilboudo
and Mouvement Burkinabè des Droits de l’Homme et des Peuples v. Burkina Faso (preliminary
objections) (21 June 2013) 1 AfCLR 197, §§ 71-77.
9